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(영문) 부산지방법원 2015.09.10 2015고단1729
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 20:00 on March 15, 2015, the Defendant received approximately 0.05 g of the psychotropic drugs from E, which are psychotropic drugs located in a single-use injection machine, from E, in the SM7 car operated by E in front of the D restaurant located in Jinju-si, Jinju-si, Seoul, for free, and administered the said phiphone at the five-story guest rooms located in the above C at around 21:00 on the same day, and then in a way that the Defendant injected the said phiphone to his arms using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning suspect interrogation of E;

1. Seizure records;

1. Application of the statutes on response to requests for appraisal;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The collection of additional tax for the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: the purchase or the delivery for medication, simple possession, etc. [the scope of recommending punishment] of the mitigated area (eight to one year and one year and six months) of the mitigated area (eight to one year and one year and six months), the purchase or the delivery for medication, simple possession, etc. of Class 1 crimes [the scope of recommending punishment] of the basic area (ten to two years and one year and two years) of the Act on the Control of Narcotics, etc. (the special mitigation) / the important cooperation in investigation / the suspension of execution for the same criminal records (not less than three years and not more than three years) / the scope of final sentence according to the majority aggravated of the same criminal records (the suspension of execution within three years and less) : October to February 29;

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